Published on: 18 January 2023 at 08:55 IST
In India, Arbitration is undoubtedly becoming the most favoured mechanism to resolve disputes by alternative means. Therefore, it can be easily predicted that there will be a high requirement of professionals in the field of arbitration who will be required to act as arbitrators, experts and arbitration lawyers.
Arbitration procedure is a little different and complex from the court procedures as arbitration is a party autonomous procedure and courts are state run agencies. Most of the lawyers and law students are familiar with the court procedure judicial process except a few who are familiar with the arbitral process.
In arbitration, even non-lawyers participate as arbitrators and experts, and it is even a greater challenge for them to understand the procedure.
The course will be taught considering both lawyers and non-lawyers who wish to understand the basics as well the complex practical aspects of arbitration. This course will introduce the participants to the basic principles of arbitration and will then dive into the practical technicalities of arbitration including complex legal framework in case of international arbitration, the role played by national courts and sector wise basic understanding of arbitration.
Pre-requisite for the course
There is no prerequisite for the course. It will be taught considering law students, lawyers and non-lawyers. However, a general understanding and knowledge of law of contracts and civil procedure will be helpful.
- To familiarise participants with important basic principles of arbitration.
- To help participants understand the role of the parties (party autonomy) and the role of the arbitrators.
- To develop the necessary skills of drafting an effective arbitration agreement and avoid an ineffective one.
- To understand and get familiar with the procedure followed in domestic and international arbitration.
- To familiarise participants with important statutes in arbitration like Arbitration and Conciliation Act, 1996, UNCITRAL Model Law and New York Convention.
- To familiarise participants with the process of recognition and enforcement of arbitral awards
- To understand the ethical rules for international arbitrators provided by IBA.
- To get a basic understanding of how arbitration is conducted in different sectors – Maritime Arbitration, Environmental disputes, Investment Treaty Arbitration, Construction Arbitration
- Build a complete understanding of arbitration as a mechanism of dispute resolution.
- Gain the skill to draft an effective arbitration agreement.
- Acquire the theoretical and practical understanding of arbitration procedure.
- Examine the important provisions of arbitration practice and procedure under the Arbitration Act 1996.
Introduction to Arbitration
- Scope and Advantages
- Types of Arbitration – Ad Hoc and Institutional
- Role of Courts
Legal Framework in Arbitration
- Laws applicable to the arbitration agreement
- Substantive law
- Procedural Law (lex arbitri)
- Purpose of an arbitration agreement
- Essential features of an arbitration agreement
- Doctrine of separability
- Effective drafting and negotiation of an arbitration agreement as a lawyer
- Notice invoking arbitration clause
- Appointment of Arbitrators
- Preliminary Meeting
- Submission of Pleadings (Claims & Response)
- Discovery of Documents (Admission/Denial)
- Recording of Evidence
- Appointment of Expert
- Court’s assistance in taking evidence
- Oral Arguments
- Closing Proceedings
- Written Arguments
- Making Award
Appointment of Arbitrators
- By parties/court/institution
- nationality and qualifications
- Arbitrators – Rights and duties
- challenge, removal & substitution
Interim Measures in Arbitration
- Emergency Arbitrators
- Enforcement of the interim decisions
- Recognition & Enforcement of Awards
- Grounds for setting aside
- Challenge of awards
Ethical Issues in Arbitration
- IBA Rules of ethics for International Arbitrators
Sector Wise Arbitration
- Maritime Arbitration
- Environmental disputes
- Investment Treaty Arbitration
- Construction Arbitration
- Add ons –
How to start your journey into the world of arbitration and tips and guidance to build necessary skills.
Course Suggested for
Law Students, Lawyers, Advocates, Arbitrators, Academicians and any other professionals keen to learn the basics of process of arbitration.
04th February- 3 P.M to 6 P.M Saturday (With 2 Break)
05th February- 3 P.M to 6 P.M Sunday (With 2 Break)
Note- The session may take little more time as requirement.
Question and Answer Session
Question and Answer session will be there after every session.
Avineet Singh Chawla,
Mr. Avineet Singh Chawla is an Assistant Lecturer of Law at O.P. Jindal Global University.
Specialization– International Commercial Arbitration, Commercial Contract Drafting, Private International Law, Investment Laws.
Certificate will be issued after 48 Hours of Successful completion of Course.